Is a lawyer a guarantor of rights?
There is no doubt that the state grants all people the right to defence. This is provided for by the highest and most important legal principle of the Republic of Lithuania – the Lithuanian Constitution. Article 31 of the Lithuanian Constitution states that the right to defence is guaranteed, as well as the right to have a lawyer.
It is natural that defence is associated with the institution of a lawyer, who is considered one of the key persons who actively helps to realise human rights and plays an important role in ensuring proper and fair defence – to expect to defend oneself and to be defended.
A lawyer is a natural person providing legal services, and the profession itself has long been considered one of the most important and honourable legal professions. A lawyer helps to achieve justice, regardless of the legal problem at hand.
A lawyer must
A lawyer must act honestly and with integrity, and the main goal is always to help and advise the person who seeks assistance. This is confirmed by legal acts – for example, the Code of Ethics of the Bar, which states that one of the main principles of a lawyer is loyalty to the client, which once again confirms that a lawyer works for the person, their client. Justice in Lithuania is administered by the court, but the truth must be fought for, and that is what a lawyer must do.
As already mentioned, the state guarantees every person the right to defence, and this is provided for in legal acts: the Civil Code, the Criminal Code, the Code of Administrative Offences or other legal acts. This means that it does not matter at all which branch of law is involved or what kind of person is being defended (natural or legal) – a lawyer as an authorised representative and legal adviser must do everything to protect the rights and interests of the person. Conditions must be created for people to receive prompt and proper legal assistance, so it is natural that a lawyer is a guarantor of human rights, a great value that allows the client to feel confident, calm and safe.
When is a lawyer needed?
It must be emphasised that a person freely decides whether they need a lawyer – it is a person’s right, not an obligation. However, there are situations where it can be difficult to resolve a situation effectively without a lawyer, especially when one has less legal knowledge and is not always able to exercise all procedural rights and properly defend their legitimate interests, for example, when being one of the parties to court proceedings.
Many lawyers acknowledge that they often have to provide not only legal, but also social or even psychological assistance, when pre-trial investigation officers do not always actively defend the injured person, pay sufficient attention and familiarise them with their rights and obligations. Practice shows that the participation of a lawyer in court or pre-trial investigation helps to avoid mistakes.
When it comes to civil legal relations, many lawyers become psychologists or even mediators in divorce, property division or child maintenance cases, so loyalty, respect for the client and confidentiality are some of the main principles of a lawyer’s activities that must be observed.
Here we can notice one difference – a person can be represented in civil proceedings only in court, while in criminal proceedings – both in court and during the pre-trial investigation. However, many imperative and essential provisions are practically the same. This means that a lawyer helps to exercise the rights granted by law and defends the legitimate interests of persons regardless of the stage or situation in which it is necessary to do so.
It should be emphasised that a lawyer has more rights compared to other possible legal representatives.
A lawyer has the right to:
- Obtain information, documents and copies thereof from state and municipal institutions.
- Independently collect data necessary for the provision of legal services, i.e. obtain necessary documents or copies thereof, or other information necessary for the provision of legal services from persons.
- Familiarise themselves with the practice of courts and other institutions handling disputes and complaints.
- Make copies of documents in a case in which they are a representative or defence counsel.
- Certify copies of written evidence necessary for the examination of a case in court.
All the listed rights of a lawyer help to provide legal services more effectively and to properly implement the interests of persons. It should be emphasised that in order to achieve this result, a lawyer must act honestly and lawfully, and in certain situations, when defending their client. A lawyer can advise on the most effective tactics to choose, initiate new proceedings which can have a significant impact on the course of the proceedings or even the outcome of the case.
One of the most important conditions for the services provided by a lawyer is the trust of the person whose interests are being defended. And only by having the necessary experience and knowledge, working responsibly, can a lawyer expect this.
If you cannot find answers to difficult questions or feel that your interests are being violated – contact the “Advokatai24” team, which guarantees the quality of legal services and declares complete dedication and loyalty to the client.
